I’ve long said that the opportunity to select nominees to the Supreme Court is one of the most important facets of being President of the United States. While much about his office has grown to be somewhat symbolic, there’s nothing symbolic about the president’s ability to directly affect the way in which our beloved and supremely important Constitution is interpreted and applied when he exercises his right and responsibility to hand-pick those whose job it is to do just that.
On that note, allow me to present federal appeals judge Sonia Sotomayor. Sotomayor, if approved (which is practically a guarantee), would be the first Hispanic woman to sit on the court, and the first Hispanic of either gender entirely to do so. Sotomayor can claim an admittedly admirable “up-from-one’s-bootstraps” sort of story, and is quite obviously in possession of a powerful intellect. That said, she is also the precise kind of threat those who worry about the addition of an activist liberal jurist to the Supreme Court most fear.
Perhaps the most troublesome piece to Sotomayor’s philosophical makeup is her apparent embrace of identity politics. Identity politics is political activity that’s based in advancing the interests of a perceived minority or historically disadvantaged group; it is politics predicated on the idea that someone should earn an esteemed position of one kind or another largely, if not entirely, out of deference to their race, religion, gender, sexual orientation, etc. Sotomayor famously said in a 2002 speech at Berkeley that it’s OK for judges to consider their “experiences as women and people of color,” and more famously went on to say that, “I would hope that a wise Latina woman with the richness of her experience would more often than not reach a better conclusion than a white male who hadn’t lived that life.” Now…switch “Latina” for “white male” in that statement…have the speech delivered by John Roberts…and then imagine the outcry.
Her pronouncement is not merely the voicing of some personal ideal; her beliefs in this regard are painfully evident in her behavior as a judge. In a recent case involving the city of New Haven, Connecticut, Sotomayor so stridently sided with the city in its discriminatory practices to deny promotion to white firefighters that she was actually chastised by a colleague, Judge Jose Cabanes (a Clinton appointee, of all things).
There is a lot to dislike about the nomination of Sotomayor, but the reality is that we were going to be handed a liberal activist nominee by Obama no matter what (which, by the way, is why I told you how important it was to move past your distaste for McCain and vote for him anyway…rather than sitting out the election). What is especially disconcerting about this nominee is that she appears to be a not-so-veiled racist and sexist who is only too happy to apply overt identity-based preferences to her decision-making process in her capacity as a jurist.
And, sadly, the worst of an Obama presidency continues to come to pass…and we've only just begun.
Robert G. Yetman, Jr. Editor-At-Large www.ChristianMoney.com
Follow me on Twitter at www.twitter.com/robertyetman
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